Florida HB 803 (Section 720.3035): HOAs Cannot Require a Building Permit Before Review

Quick Answer

Florida CS/CS/HB 803 (chapter 2026-63) added paragraph (1)(c) to section 720.3035, the homeowners' association architectural control statute. An association or its architectural committee "may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review by the association or committee concerning the construction of structures or improvements on the parcel." The change took effect July 1, 2026 and applies to homeowners' associations under Chapter 720, not condominiums.

The one thing boards most need to know: if your architectural review checklist asks for a permit before the committee will look at an application, that step is now in question.

At a Glance

What the Law Says

HB 803 is mostly a building code and local government bill. Its title covers permit expiration, state term contracts for building code inspection services, treatment of offsite-constructed homes, exemptions from permits for certain work, and private provider inspections. The final House analysis says the bill also "prohibits homeowners' associations from requiring a building permit as a prerequisite of its review of the construction of structures or improvements." Only one section touches associations.

The enrolled bill text for section 11 reads: "Paragraph (c) is added to subsection (1) of section 720.3035, Florida Statutes." The new paragraph says:

• It covers "an association or any architectural, construction improvement, or other such similar committee of an association."
• That body "may not require a building permit to be issued by a governmental authority to a parcel owner as a prerequisite for review."
• The review in question is review "concerning the construction of structures or improvements on the parcel."

It sits beside the existing rules in subsection (1): paragraph (a) limits architectural authority to what the declaration or published guidelines state or reasonably infer, and paragraph (b) bars certain rules about interiors not visible from the street and about certain air-conditioning and heating systems.

Other parts of the same act that owners may run into

The final House analysis describes other provisions that affect owners, though they are directed at local governments, not associations. For example, a local government shall grant an exemption from a building permit for work valued at less than $7,500 on a single-family home, but may still require a permit for electrical, plumbing, mechanical, gas or structural work regardless of value. Local governments must also exempt certain temporary residential hurricane and flood protection walls that meet listed conditions. These are state and local permitting rules; they do not change what your declaration requires from an owner.

What This Means in Practice

For boards and architectural committees

Our reading: the paragraph removes the permit as a gate to the committee's review. A form that says "attach your county building permit" to an architectural application, or a rule that the committee will not accept a submission until a permit is issued, is the kind of requirement the text appears to target.

What the text does not say, and what counsel should confirm for your community:

• It does not say owners can skip permits. Building permit requirements come from local government and the Florida Building Code, not from the association.
• It does not say whether an association may condition its final approval, a certificate of completion, or the start of work on proof of a permit. The words limit permit as a "prerequisite for review." Whether a later checkpoint is allowed is an open question.
• It does not say whether an association may ask for plans, drawings or specifications. The existing statute (720.3035(1)(a)) still allows review of "plans and specifications" to the extent the declaration or guidelines authorize it.
• It does not say what happens to an application already pending on July 1, 2026. The act has no transition language that we found in the enrolled text.

For owners

If your association told you to get a permit before it would review your plans, the statute now speaks to that. Whether any past denial or delay matters is a legal question for counsel. Existing law (720.3035(4)(a)) also requires an association that denies an application to give written notice "stating with specificity the rule or covenant" relied on and "the specific aspect or part of the proposed improvement that does not conform."

Open question: remedy

The new paragraph has no penalty of its own. Subsection (4)(b) of the same section allows an owner to recover damages, costs and reasonable attorney fees if the association "should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration of covenants or other published guidelines." That language is tied to rights in the declaration and guidelines. Whether it reaches a violation of paragraph (1)(c) has not been addressed in the sources we read. Confirm with counsel.

Timeline

Related Florida Law

• Fla. Stat. 720.3035: architectural control in homeowners' associations
• HB 293 (2024): HOA hurricane protection specifications, now subsection (6) of the same section
• HB 1203 (2024): HOA reform, which also amended section 720.3035
• Chapter 720: the Homeowners' Association Act
• Florida HOA laws complete guide

Board Checklist

• Pull your architectural application form, guidelines and any committee checklist and search for the words "permit," "building department" and "approval from the county."
• Ask counsel whether any permit requirement tied to starting review should be removed, and whether a later-stage permit check can stay in place.
• Confirm the committee can still review plans and specifications under your declaration, and that the written denial rule in 720.3035(4)(a) is followed.
• Check applications that were on hold waiting for a permit after July 1, 2026 and ask counsel how to handle them.
• Update published guidelines and the owner-facing instructions, and record the board action in the minutes.
• Remind owners that the county or city, not the association, decides whether a permit is required.

Frequently Asked Questions

When did Florida's HOA building permit rule take effect?

July 1, 2026. Section 12 of chapter 2026-63 says "This act shall take effect July 1, 2026."

Does this apply to condominiums?

The new paragraph was added to section 720.3035, which is in the homeowners' association chapter. HB 803 did not amend Chapter 718. Condominium boards should read their own statute and documents and ask counsel.

Can my HOA still require me to get a permit?

Permits are required by local government, not by the association. The new paragraph limits the association from making a permit "a prerequisite for review." It does not say owners may build without a permit.

Can the association deny my project because I do not yet have a permit?

The text bars requiring a permit as a prerequisite for review. Whether an association can condition final approval or construction start on a permit is not stated. Confirm with counsel.

Is there a fine or damages if an HOA ignores the rule?

The paragraph states none. Subsection (4)(b) of the same section has a damages and fee provision, but it is written around rights in the declaration and guidelines. Whether it applies is an open question.

Did the Legislature pass this unanimously?

The recorded floor votes were 114-0 in the House, 37-0 in the Senate, and 109-0 on House concurrence.

Where This Comes From

We read the Florida Senate bill page for CS/CS/HB 803 (history, votes, citations), the enrolled bill text (section 11 and section 12), the House final bill analysis dated May 21, 2026, and the 2026 text of section 720.3035 on the Florida Legislature's website, including its History line (s. 11, ch. 2026-63). Official page: flsenate.gov/Session/Bill/2026/803. We did not find any court decision or Division guidance interpreting paragraph (1)(c).

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.